Wednesday, March 12, 2014

ARMY RANGER RELEASED FROM PRISON, AFTER 5 YEARS, FOR SHOOTING AL QAEDA OPERATIVE

On March 20th, 2009, Army Ranger 1st Lieutenant Michael
Behenna was sentenced to 25 years in prison for killing Ali Mansur, a known Al
Qaeda operative while serving in Iraq. Mansur was known to be a member of an Al
Qaeda cell operating in the lieutenant’s area of operation and Army
intelligence believed he organized an attack on Lt. Behenna’s platoon in April
2008 which killed two U.S. soldiers and injured two more. Army intelligence
ordered the release of Mansur and Lt. Behenna was ordered to return the
terrorist to his home.

During the return of Mansur, Lt. Behenna again questioned
the Al Qaeda member for information about other members of the terrorist cell,
and financial supporters. During this interrogation, Mansur attacked Lt.
Behenna, who killed the terrorist in self-defense. The government subsequently
prosecuted Lt. Behenna for premeditated murder.

Many feel Lt. Behenna acted to prevent further loss of life in
his platoon, many feel it is demoralizing to the U.S. troops who continue to fight on
behalf of the freedom and security of our nation.

Below is a brief recap of the
relevant aspects of Lt. Behenna’s case.

September
2007: 1LT Michael Behenna deployed to Iraq for his first tour of
combat.

IED
attack resulted in the death of two of LT Behennaʼs platoon members, two
Iraqi citizens, and wounded two additional soldiers under LT Behennaʼs
command.

May 5,
2008: Based on information from US Army intelligence, LT Behenna’s platoon
detained known terrorist Ali Mansur at his home for the attack on LT
Behennaʼs platoon. Mansur had illegal weapons and a passport indicating
trips to Syria.

May
16, 2008: Without explanation, Army Intelligence ordered the release of
Mansur.

LT
Behenna, who lost two members of his platoon just weeks earlier, was
ordered to transport Mansur to his home.

LT
Behenna attempted a final field interview of Mansur prior to his release.

During
the interview, Mansur attacked LT Behenna, and LT Behenna reacted to
defend himself by firing two shots which killed Mansur.

July
2008: The U.S. Army charged LT Behenna with premeditated murder for the
death of the Al Qa’ida operative and terrorist Ali Mansur

February
23, 2009: 1Lt. Behennaʼs trial begins.

Defense
experts testify that Mansur was standing with his arm outstretched when
shot.

On the
evening of February 25th, prosecution expert witness Dr. Herbert MacDonell
told the prosecution attorneys the only logical explanation for what
happened was that Mansur had to be standing, reaching for LT Behennaʼs gun
when he was shot. This contradicted the prosecution’s theory that Mansur
was executed while seated on a rock.

On
February 26th LT Behenna testified that while he was interrogating Mansur
he turned his head towards his interpreter, and when he did, Mansur lunged
for his gun. The LT fired a controlled pair of shots. This explanation was
identical to what Dr. MacDonell told the prosecution team in a private
meeting the night before.

During
a recess after 1LT Behennaʼs testimony, Dr. MacDonell met with the
prosecution team and told them again that the LT’s testimony was exactly
what he had demonstrated to Prosecutors the day before and that the LT
must be telling the truth. The prosecutors sent Dr. MacDonell home to New
York. Leaving the courtroom, Dr. MacDonell told defense counsel he would
have made a great witness for LT Behenna.

The
defense counsel asked prosecutors if they have any exculpatory evidence
about Dr. MacDonell, and the prosecutors denied possession of such
evidence.

In the
prosecution’s closing arguments they argued LT Behennaʼs testimony that
Mansur was reaching for his gun was “impossible” based upon the evidence
(despite knowing that their own expert witness had told him it was the
only logical explanation.)

Later
that Friday night a military panel of seven officers, none of whom had
combat experience, convicted LT Behenna of unpremeditated murder and
assault.

After
LT Behenna was convicted, but before sentencing, Dr. MacDonell sent an
email to the prosecution team requesting that the information provided in
his demonstration be turned over to the defense.

A
mistrial was requested by the LT’s defense counsel, but on March 20, 2009
the military judge denied both defense motions to declare a mistrial and
to order a new trial.

LT Behennaʼs
attorneys have exhausted his appeals through the military courts and are
currently pursuing a fair trial by petitioning the United States
Supreme Court.

LT
Behenna sentenced for 15-years in Ft. Leavenworth (the
original 25 year sentence was reduced five years by the commanding General
of 101st Airborne and the Army Clemency Board reduced it another five
years.)

On Friday March 14, 2014 American POW 1st Lt.
Michael Behenna who was tried and convicted of being a war criminal and has
spent the last 5 years at Fort Leavenworth will be released as he has
been paroled. Government JAG officers refused to allow their own forensic
expert to testify that would have exonerated Michael Behenna. His record will continue to show he committed unpremeditated murder and assault.